G.R. No. 188313 - THE PEOPLE OF THE PHILIPPINES, VS. JALIL LAMAMA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding the accused GUILTY beyond reasonable doubt of the crime of Illegal Sale of Dangerous Drugs defined and penalized under Sec. 5 of Republic Act 9165 and the Court hereby sentences him to suffer a penalty of Life Imprisonment and shall pay a fine of Five Hundred Thousand Pesos (P500,000.00). The illegal drugs presented as evidence in Court marked as Exhibits "A-1, A-2 and A-3" which were remarked as Exhibit "N" and submarkings, Exhibit "O" and submarkings, and Exhibit "P" and submarkings are hereby forfeited in favor of the government and shall be forwarded to the office of PDEA for proper disposition pursuant to Par.7, Sec. 21 of R.A. 9165. The period of imprisonment of which herein accused has undergone shall be credited in the service of the term of his imprisonment. [10] On appeal, the CA affirmed the RTC's judgment. [11] Hence, this appeal, in which Lamama asserts that the RTC and the CA erred in believing the testimony of PO2 Velasquez, the poseur-buyer, to the effect that the informant had been a drug dealer, and that Lamama had been his supplier; that such testimony was incredible and contrary to human experience because no informant who was a former drug dealer would dare approach the police authorities to disclose his own past drug activities and the activities of his supplier; that the Prosecution did not present the informant to confirm such testimony; that his guilt was not proved beyond reasonable doubt because: (1) the alleged buy-bust money had not been dusted with ultra-violet powder, thereby negating the conduct of a buy-bust operation and the consummation of the sale; (2) no picture of him with the seized shabu was taken immediately after his arrest; (3) no physical inventory of the seized shabu was made in his presence or that of his counsel; and (4) the marking of the seized shabu was made inside the PDEA office, not at the place of seizure. [12] Ruling of the Court The appeal has no merit. The elements of illegal sale of shabu are: (1) the identity of the buyer and the seller, the object and consideration of the sale; and (2) the delivery of the thing sold and the payment therefor. What is material is proof that the transaction or sale actually took place, coupled with the presentation in court of evidence of corpus delicti . The commission of the offense of illegal sale of dangerous drugs, like shabu , requires the consummation of the selling transaction, which occurs at the moment the buyer receives the drug from the seller and the latter receives the payment. [13] PO2 Velasquez narrated his transaction with Lamama as follows: PROS. BELTRAN x x x Q And after seeing him (Lamama) Mr. Witness, what did you do next? A The voluntary civilian informant introduced me as a good buyer, Sir Q What is the response of Aka Jap (Lamama)? A He said "I have here only 100 grams and it costs Php 150,000.00." and I replied, I have only here Php 100,000.00 (witness demonstrated